2017 ORS 132.260¹
Recording of testimony required
  • matters that may not be recorded

(1) Except as provided in subsection (2) of this section, the grand juror described in ORS 132.250 (District attorney to ensure proceedings are recorded) (2)(a), or the shorthand reporter described in ORS 132.250 (District attorney to ensure proceedings are recorded) (2)(b), who is recording grand jury proceedings in a judicial district with a population between 150,000 and 300,000 or over 700,000 shall record all testimony given before the grand jury, including:

(a) The case name and number;

(b) The name of each witness appearing before the grand jury; and

(c) Each question asked of, and each response provided by, a witness appearing before the grand jury.

(2) The grand juror operating the audio electronic recording device or the shorthand reporter may not record:

(a) The deliberations or voting of the grand jury.

(b) A presentment made pursuant to ORS 132.370 (Presentment of facts to court for instruction as to law).

(c) Any statements made by a grand juror who is examined as a witness as provided in ORS 132.350 (Juror’s knowledge of an offense).

(d) A procedure related to the production of records, or the unsealing of records, subpoenaed pursuant to ORS 136.583 (Seizure or production of papers, documents or records from recipient) and to be presented before the grand jury.

(3) The district attorney shall maintain the audio recordings, or report of the shorthand reporter, produced pursuant to this section and ORS 132.250 (District attorney to ensure proceedings are recorded). [2017 c.650 §2]

Note: 132.260 (Recording of testimony required) becomes operative March 1, 2018. See section 18, chapter 650, Oregon Laws 2017.

Note: The amendments to 132.260 (Recording of testimony required) by section 10, chapter 650, Oregon Laws 2017, become operative July 1, 2019. See section 18, chapter 650, Oregon Laws 2017. The text that is operative on and after July 1, 2019, is set forth for the user’s convenience.

132.260 (Recording of testimony required). (1) Except as provided in subsection (2) of this section, the grand juror described in ORS 132.250 (District attorney to ensure proceedings are recorded) (2)(a), or the shorthand reporter described in ORS 132.250 (District attorney to ensure proceedings are recorded) (2)(b), who is recording grand jury proceedings shall record all testimony given before the grand jury, including:

(a) The case name and number;

(b) The name of each witness appearing before the grand jury; and

(c) Each question asked of, and each response provided by, a witness appearing before the grand jury.

(2) The grand juror operating the audio electronic recording device or the shorthand reporter may not record:

(a) The deliberations or voting of the grand jury.

(b) A presentment made pursuant to ORS 132.370 (Presentment of facts to court for instruction as to law).

(c) Any statements made by a grand juror who is examined as a witness as provided in ORS 132.350 (Juror’s knowledge of an offense).

(d) A procedure related to the production of records, or the unsealing of records, subpoenaed pursuant to ORS 136.583 (Seizure or production of papers, documents or records from recipient) and to be presented before the grand jury.

(3) The district attorney shall maintain the audio recordings, or report of the shorthand reporter, produced pursuant to this section and ORS 132.250 (District attorney to ensure proceedings are recorded).

Chapter 132

Notes of Decisions

A circuit court has no authority to order the wholesale recorda­tion and preserva­tion of grand jury testimony under either statutory or common law. State ex rel Johnson v. Roth, 276 Or 883, 557 P2d 230 (1976)

Where defendant was found in contempt for failure to comply with grand jury sub­poe­na, circuit court had no authority to examine grand jury testimony or discuss its content for the sole purpose of determining the sen­tence to impose. State v. Applegate, 41 Or App 287, 597 P2d 1290 (1979), Sup Ct review denied

1 Legislative Counsel Committee, CHAPTER 132—Grand Jury, Indictments and Other Accusatory Instruments, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors132.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 132, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano132.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.